论“基本法律”和“法律”的性质和地位——质疑《立法法》第7条、第8条

我国《宪法》和《立法法》对全国人民代表大会制定“基本法律”和全国人大常委会制定“法律”均作了规定,但都没有明确界定两者的范围与界线,致使两者的立法权限和关系模糊,位阶不明确,这与法制统一原则相悖。本文通过对全国人大和全国人大常委会立法权的来源、性质、范围的分析和梳理,指出两者的立法权在性质和效力上的区别,由此说明“基本法律”与“法律”在性质、内容范围及其效力等级上是不同的,并指出《立法法》将两者混为一体所产生的影响是消极的。

On the Quality and Status of Basic Laws and Laws--Querying the 7th and 8th Articles of the Legislation Law

According to the constitution and legislation law,it is the People's Congress of the People's Republic of China that has the power to enact basic laws,and other laws might be enacted by the executive committee established in the People's Congress.But both of the laws above all don't define the extent and boundary of legislation power owned by the two organs explicitly,which makes the division of legislation power and relation between them vague.Besides,the rank of validity between them is also not explicit enough according to the provisions of the constitution and legislation law.Thus,it contradicts the legislation principles,which require the unity of enacted laws in legality construction.In the article,through analyzing the source,quality and extent of legislation power owned by the two organs,the writer thinks that the differences between them lie in the quality and validity.Hence,a conclusion could be reached that the quality,content,extent and rank of validity between basic laws and other laws are different,too.However,such these differences are ignored in the legislation law,and so the induced impacts are to be negative.